Civil Procedure Code (CPC)

Possiblity of a will on undevided property, by one of the heir who has no chidren?

This query is : Resolved 

Querist : Anonymous (Querist)
07 October 2010

Christian,Anglo-Indian lady about 68 yrs having no children -Father-in-law's property. Father-in-law had four sons including husband- Both Father-in-law and husband died. The property is not divided. One of the heirs (son)is refusing to arrange for a partition. Can this lady execute a will for her share?


s.subramanian (Expert)
07 October 2010

Yes. Certainly.There is no bar for doing so.

Devajyoti BarmanOnline (Expert)
07 October 2010

Yes. There is no bar for a testamentary succession in case of an undivided property.

Madan Gopal Dasaur (Expert)
07 October 2010


M.Sheik Mohammed AliOnline (Expert)
08 October 2010


Chanchal Nag Chowdhury (Expert)
08 October 2010

The property devolved at the time of death of the Father-in-law. So the lady can certainly execute a Will for her share in the undivided property.

Khaleel Ahmed (Expert)
13 October 2010

Partitioned suit may be filed first. The court will allot the shares among the heirs,later the lady can execute a will for her share.

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